Lawsuit pits state law vs. University of Ky regulations

This is a discussion on Lawsuit pits state law vs. University of Ky regulations within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; The following article was in the University of Kentucky's paper this morning. I'm glad someone is finally fighting that fight. Its always been a gray ...

Lawsuit pits state law vs. University of Ky regulations

The following article was in the University of Kentucky's paper this morning. I'm glad someone is finally fighting that fight. Its always been a gray area in Kentucky's laws. The general idea is "Can UK make regulations that are against Kentucky law" Anyway feel free to read the article and discuss.

One UK student is facing off against the university when it comes to his right to bear arms.
State law will weigh against university regulation in the case of one UK graduate student who is suing the school.
Michael Mitchell, an epidemiology graduate student and former UK Hospital employee who filed a lawsuit against the university last week, argues that because Kentucky law says he can possess a registered firearm, UK cannot regulate him carrying one in his personal vehicle.

UK spokesman Jimmy Stanton said the university could not comment because of pending litigation.
If an individual is in possession of a registered firearm and keeps the weapon in his or her vehicle and does not remove it, then that individual is not guilty of a crime, according to the provision titled KRS 527.070.
However, according to UK administrative regulations passed in June 2007, any student or faculty member, even if he or she possesses a permit to carry a weapon, is prohibited from carrying it on any campus-owned or leased property including parking lots.
Christopher Hunt, Mitchell’s attorney, said he and Mitchell are arguing that UK’s rights are limited.
“We’re arguing that (their right to regulate) is restricted to some extent by this other statute,” Hunt said.
According to the regulations, university employees who violate the weapons policy are subject to corrective action, including termination of employment.
Mitchell said a fuzzy line exists in the campus regulations when university-affiliated students or faculty come from other locations in their car and cross campus property.
“Is that telling me that I have to stop at the border and toss my gun out the window?” he said. “The argument is, ‘does UK’s policy go above state law?’”
After UK Police responded to an anonymous claim that Mitchell had a firearm in his locker and did not find one, Mitchell told police he had a registered gun in his car, kept at K-lot. According to court reports, police escorted him to his car and were ordered to confiscate the weapon and Mitchell cooperated.
After the incident, Mitchell said his supervisors told him he was being suspended and about a week later he was fired.
Hunt said he and Mitchell agree that UK can restrict the possession of firearms, but the right is limited in certain areas.
“… And we’re saying that we’re in one of those areas,” Hunt said.
Colleges have the right to regulate the possession of concealed weapons on university-owned properties, according to the Kentucky State Police Web site.

Here is Michael Mitchell facebook link if anyone wants to send him a few words of encouragement.Login | Facebook

Just a suggestion toward the rest of us among the nation and world unfamiliar with Kentucky and/or this specific school.

Agreed Matt, it is stupefying that he would volunteer that information.
Maybe they had indicated to him request/demand to search his vehicle next (?).

- Janq

errrmmmm I'm in Ohio and we call it UK... I know Ohio did pass a law for the anti gun colleges. You can lock up your gun in the car on school property. Kentucky had it longer then Ohio. Its really sad how a state funded college thinks they are above the law...

No doubt folk refer to it as UK...But for those many of us who are not in college or aligned with say college sports by far around the world the term UK has for ages been mostly known to be a country code, for the United Kingdom.
Same as USA is for the United States of America; Even as is it also associated to a television channel.

Also the title of the thread leads no indication that UK is a school.
I came in thinking why would US law have anything to do with any UK regulations, as being a nation unto itself.

Why would the Police confiscate his gun. He broke no laws. I could see them escorting him off campus at the request of university security, but on what basis did they seize his gun? And yes, why would you volunteer that information? Maybe they asked and he didn't want to lie to the police.

Regardless of how it went down, lets hope he has a good lawyer and some backing from other agencies (NRA GOA etc...) If he wins, this could be a big step forward for all students.

And I also was wondering what Kentucky laws had to do with England??? I can see how it comes about, and around here people even just refer to "The U" and you are supposed to know which one they are talking about. People forget that not everyone is in their college town's bubble.

I have corrected the ambiguity of the thread's title, it should no longer be a problem. Anyway, I will try to keep everyone updated as this case unfolds. It could be a huge win for the student of U of K!

As for the UK thing, I've lived in Ky for nearly 20 years now. I discovered early on that there were 2 facts of life in the commonwealth--Basketball is king, football is just something to do if the court is taken. And anyone not recognizing UK as the University of Kentucky--immediately--is probably a foreigner...you know, like some football fan or something. Anyhow, the left invariably rules universities. Constitutional rights simply don't exist. Perhaps Mitchell brought attention to the pistol in his vehicle for the purpose of testing the law. He might have had going to court in mind for some time. I've found the majority of Ky to be quite pro-gun, pro 2nd amendment. Such a mindset could be of assistance to his cause.